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ILLINOIS employment: - Is any kind of "Notice of resignation Contract" valid ? - Can i get Experience Letter from my Employer?

Bloomington, IL |

Dear Sir/Madam

I was working at ILLINOIS as full-time employee of some company on L1-B Visa and when resigned i was able to give only 1 week of notice period.

Now before coming to Onsite company location (i.e. ILLINOIS USA), I signed one company agreement which has lot of points in that. Out of which one point states -
"4 weeks advance written notice of resignation is required while leaving the Company and an Employee who fails to give the required notice may not receive his/her experience letter from Company".

As i did not served the 4 weeks notice, my company did not provide Experience Letter to me.

So my questions are:
1. Does this kind of Notice period agreement holds true in ILLINOIS?
2. How can i get my my Experience Letter from Employer?

Your response is highly appreciated.

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Attorney answers 2

Posted

Since you did not work tyhe required length of time for the company and you had notice that you must do so in order to receive an experience letter, you are not entitled to such a letter. Perhaps if you speak to your employer and explain why you were onjly able to give 1 week's notice, the former employer will agree to furnish an exnperience letter.

Posted

Assuming that you are referring to some written confirmation that you worked at the company, as opposed to the "experience letter" being a legal requirement associated with your work visa, you could try to explain the reasons why you could not give 4 weeks notice as Judy mentions in her answer. It is possible you could work something out with the employer such as working some extra hours, agreeing to train the new employee, etc.. You would need a good reason for leaving for this to work. If that does not work out, then your next step is to request a copy of your personnel file. The personnel file will probably provide some documentation indicating that you worked for that company and what your duties were. Illinois law requires the employer to provide you with a copy of your personnel file when you make a written request for this to the HR dept.

Asker

Posted

Thank you Arthur... With respect to my first question about validity of contract:- In the agreement under "Termination/Resignation: Advance Notice", one of the point is "In the event that the Employee breaches the advance notice requirement of this section, then the Employee agrees to pay the Company liquidated damages in the amount of Eight Thousand dollars ($ 8000)." But my Employer did not cut this amount from the final settlement or they never requested. Why my Employer did not ask for this amount ? Is this because this is not a valid contract ? Also the first point in at-will employment stated as: "The at-will employment relationship between the company and the Employee may be terminated by either party, without cause, at any time by giving four weeks advance written notice of termination/resignation. The Company may also terminate the employment relationship immediately for cause (including, but not limited to such reasons as lack of work, unsatisfactory attendance or unsatisfactory performance) as determined in the Company's sole discretion and judgement." Does this kind of at-will contract can be valid in IL, USA ?

Arthur Ross Ehrlich

Arthur Ross Ehrlich

Posted

The $8000 may not be enforceable if it is deemed to be a penalty as opposed to a realistic estimate of the costs they went through to train you and bring you to the company. The 4 week notice requirement, except for cause, means they would have to pay you 4 weeks salary if they chose to let you go.

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